Rockwood man waives preliminary hearing

BOSWELL - The nephew of a Rockwood man who is charged with first-degree murder for allegedly shooting a Markleton man in the back will stand trial in Somerset County court.

Timothy Lee Ohler II, 18, of Rockwood waived his right to a preliminary hearing Friday on a felony conspiracy charge.

Ohler is accused of driving his uncle, 32-year-old Robert Kevin Ohler of Rockwood, to Craig Alan Engle's residence along May Road in Upper Turkeyfoot Township on the night of Nov. 25.

Police said Timothy Ohler dropped his uncle off outside the residence about an hour before Engle was shot through a kitchen window. Engle, 46, called for help before collapsing and bleeding to death, according to authorities.

Robert Ohler is charged with first-degree murder, criminal homicide and criminal conspiracy in Engle's death. Police believe he shot the Markleton man with a 20-gauge shotgun.

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Timothy Ohler "conspired (with his uncle) to provide the weapon used in this incident and to provide (his uncle with) a ride to the victim's residence," Trooper Roger Burkhart wrote in a criminal complaint.

Police believe a dispute over a girlfriend may have led to the shooting.

Timothy Ohler appeared in the Boswell magistrate's office Friday for his preliminary hearing. He talked by phone with his attorney, Steven Miller of Somerset, before deciding to waive the hearing. He is free on $2,000 bail.

Ohler declined comment outside of the courtroom.

Robert Ohler's preliminary hearing was postponed Friday at the request of his defense attorney, Joseph Policicchio of Somerset.

Policicchio, a court-appointed conflict counsel, said he just received word that he is representing Ohler.

"I understand that I have been appointed to represent him, but I haven't seen the former order yet," he said Friday.

Attorney William Seger of Somerset was Robert Ohler's court-appointed conflict counsel, but was disqualified because he works in the same building as Miller.

Robert Ohler also is represented by public defender J. Michael Smith, sources said. In murder cases, defendants are assigned two attorneys.

Prosecutors are still deciding whether to seek the death penalty against the elder Ohler. To do so, the commonwealth must cite at least one of 18 aggravating circumstances.

Carolann Young, a Somerset County assistant district attorney, said she had not talked to the victim's family as of Friday and declined further comment.